Cavanagh v. . McGovern
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 22, 1915, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendants, his employers.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 22, 1915, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendants, his employers. Plaintiff was in the service of the defendants as a magazine keeper on subway construction work being prosecuted by the defendants along Lexington avenue in Manhattan, New York city. One of the duties assigned to him in this work by the defendants’ head blaster…
1Dissent
McLaughlin, J. (dissenting).
The plaintiff, an employee of the defendant, was injured while handling and testing a blasting cap. He has recovered a judgment against defendants on the ground that his injuries were due to their negligence in that they did not instruct him as to the manner or method of doing his work or warn him of the dangers connected with it. When he first applied to defendants for a position he was told by them that the only position open was that of a “ magazine keeper ” and before he could have that he would have to produce a certificate of fitness from the municipal…
2Cases cited5 opinions
- Hammond v. Union Bag & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Lofrano v. New York & Mountain Vernon Water Co.New York Supreme Court · 1890
- Stanley v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1894
- Lofrano v. . New York and Mount Vernon Water CompanyNew York Court of Appeals · 1891
- Fioranza v. Rinehart & Dennis Co.Appellate Division of the Supreme Court of the State of New York · 1914